Monday (5/18/15) USARK was again in Washington, D.C. for a hearing regarding our lawsuit, and specifically the preliminary injunction. To close the hearing, Judge Moss ordered both parties to have supplemental briefs filed by 10:00 AM today (5/19/15). These briefs were to answer two questions:
- Is it permissible for the Court to grant a stay (temporary stopping) of any preliminary injunction to allow Defendants time to decide their intention to file for appeal and application for an emergency stay of the inunction?
- How should the Court manage the litigation if FWS decides to appeal?
USARK requested the injunction be effective immediately. Our brief noted that while the Federal Rule of Civil Procedure allows a stay of the preliminary injunction, the Court has recognized irreparable harm for the Plaintiffs (USARK) in its 50-page Memorandum Opinion and in the hearing held Monday. Simply, a stay of the injunction will cause additional irreparable harm. For this reason, presented with strong supporting arguments, USARK asked the Court to execute the injunction promptly.
At the hearing, Defendants requested a 75-day stay while they make their decision as to appeal. This lengthy timeframe was recognized as unfair by USARK, and seemingly by the Court, as well. Additionally, USARK demonstrated that under federal rule, any appeal request by FWS should remain in the current D.C. Circuit and not move to the Appellate Courts.
Should the Defendants seek a stay, they must qualify on four well-established points (essentially, the same points USARK had to prove in order for the Court to rule in our favor to issue the preliminary injunction):
- Likelihood of success on merits;
- show irreparable harm if stay is not granted;
- if granting the stay will harm other parties;
- if granting the stay will serve the public interest.
We expect an expeditious ruling from the Court (possibly today or tomorrow). As always, USARK will release updates quickly.
USARK extends our continued thanks for the support of the Reptile Nation. You made it possible for USARK to challenge and prove this action was indeed unjust regulation.
For any questions, please review our previous newsletter at: www.usark.org/2015-blog/7129/
USARK 5/19/15 brief: www.usark.org/wp-content/uploads/2015/05/Dkt-No-59-USARK-PI-5.19.15.pdf
FWS 5/19/15 brief: www.usark.org/wp-content/uploads/2015/05/Dky-No-58-FWS-PI-5.19.15.pdf